Charges dropped in Fiesta Island rape

Charges of rape and kidnapping against a Lemon Grove man were dropped Thursday morning after the woman who claimed she was attacked last month on Fiesta Island recanted, prosecutors said.

John R. McCutchen

Michael Kobulnicky spoke to the news media Thursday after being released from jail when charges of rape and kidnapping against him were dropped. The District Attorney's Office said the woman who alleged the Fiesta Island attack recanted this week.

Michael Kobulnicky spoke to the news media Thursday after being released from jail when charges of rape and kidnapping against him were dropped. The District Attorney's Office said the woman who alleged the Fiesta Island attack recanted this week. (John R. McCutchen)

Michael Kobulnicky, 50, was released from custody shortly after a hastily scheduled court appearance.

Kobulnicky, a former San Diego Tea Party spokesman, had told his attorneys that he engaged last month in a consensual sexual encounter with the woman.

On Thursday, he told reporters, “There was no sexual encounter. There was no sexual act.”

He declined to explain the two apparently contradictory statements.

“It’s been hell,” he said. “It’s been devastating to me and to my fiancée. … Today was a great day. I’m extremely happy, but I’m shook up.”

Kobulnicky, who worked for the San Diego Community College District as a landscape supervisor, spent two weeks in jail and was being held in lieu of $250,000 bail.

He faced life in prison if convicted of all the charges.

In a statement, District Attorney Bonnie Dumanis said her office “is dedicated to the protection of the innocent as much as we are committed to holding criminals accountable for their crimes.”

“When we receive new information that leads us to determine we can no longer prove a case beyond a reasonable doubt, we do the right thing and move quickly to dismiss the charges,” Dumanis said.

Heather Melone, one of Kobulnicky’s defense lawyers, said her client broke down in tears in court when he heard the news.

“We felt confident in our case from the very beginning,” Melone said.

The 56-year-old woman who made the rape claim reported to police that she accepted a ride from a man on Feb. 25 and he drove her to Fiesta Island, where he sexually assaulted her. Prosecutors said physical evidence corroborated her report.

After Kobulnicky’s arrest, the woman claimed that police had the wrong man. She showed up to court Monday at Kobulnicky’s bail review to explain that he was not her attacker. Then, on Wednesday, she told authorities she was never kidnapped or raped by anyone, according to the District Attorney’s Office.

Police said Thursday that based on new information obtained during the investigation charges likely won’t be pursued against the woman for filing a false report.

U-T San Diego is not naming her because she has not been arrested or charged with a crime.

The woman said in an interview Thursday that she was relieved the case had been dismissed.

“Now I can get my life back. Now I can move forward,” she said. “I feel like a thousand pounds lifted off me.”

She would not elaborate on what exactly took place on Fiesta Island, only to say she may have still been victimized and that the man should have taken her back home instead of leaving her there.

Police said they stand behind their investigation and the detective.

“The investigator acted on good faith when she followed up on the victim’s claim, which included a very detailed description of the suspect, as well as the suspect’s actions,” police Lt. Andra Brown said. “Which then led to the discovery of surveillance video, which once released to the media, led to numerous citizen tips identifying the suspect.

“There’s subsequent forensic evidence that links the suspect to the crime and the scene, so it was completely appropriate to arrest the suspect,” Brown said.

“The fact that the victim has changed her story is something we don’t understand, but we do understand why the district attorney is not pursuing charges at this time.”

Defense lawyer Kerry Armstrong said he is glad the woman came forward and told the truth, but problems with her credibility should have been apparent to investigators right away.

“There was no good, thorough investigation in this case,” he said. “I don’t care what they say.”

Verna Griffin-Tabor, CEO of the Center for Community Solutions, which counsels rape victims, said victims recant for many more reasons than the validity of the crime.

“Sometimes it’s very difficult for victims to move ahead with prosecution and law enforcement,” Griffin-Tabor said. “It’s so often ‘he said, she said.’ These are very tough cases for victims as well as for the legal system.”

Kobulnicky said Thursday that he was honest with his attorneys and “explained everything in detail.” He said he became more hopeful over the past week, when evidence surfaced indicating that the woman’s allegations were untrue.

“It’s been a nightmare, knowing you’re innocent completely, yet people want to throw you in jail,” he said, tearing up at times as he spoke to reporters.

Kobulnicky, a divorced father of five sons, said he plans to get married soon and will work toward repairing his reputation.

“This is not the way I wanted to be known,” he said.

San Diego Tea Party organizers released a statement Thursday night saying the group was pleased to learn that Kobulnicky had been exonerated. They noted that a consequence of this situation is that it will likely be difficult for Kobulnicky to fully repair his reputation because of media coverage of the case.

“We pray Michael will be able to rebuild his life and restore his relationship with his (fiancée) and his children,” the statement said.